tv [untitled] July 8, 2012 7:00am-7:30am PDT
of the definition of conditional use. the use of the product description as looking for a project to be compatible with a number of objectives, as defined in the code, also defined by community and neighborhood acceptance. this particular neighborhood has distinguished itself over the last six years of having several very difficult projects in their general area where the neighbors and an extraordinary amount of time working with the developers and architects and really, in front of our commission, have shown the ability to shape projects so that in the and it is a win-win for everybody. this is not forcing the developer into unreasonable concessions, it was basically meeting common objectives which through the budget work of the
neighbors, including staff, project meeting, and objectives which throughout the diligent work of the neighbors, including staff, met the project. in this particular case, there is a large amount of time where was very clear what the general objections of the community were and what is in front of us tonight is something, from my perspective, which has not come at any 1 inch closer to being acceptable. and there are a number of reasons. besides from the height and the definitions, under rcu, which would have to be an exceptional product either architecturally or other benefits, this project is contradicting all of those objectives. i think this building as corporate-looking. it actually resembles one of the
van ness buildings quite closely. the building is too tall. i hesitate to do with, but i will. i have to say that if somebody wants to propose a penthouse, it should not appear in front of this commission and put a single-family suburban home on the sixth floor of the building, because that is what it looks like. this is not a pet house. when you look at elegant penthouse design and a new building, for example, in the king street area, ring, hill, those buildings become basically like the building topped becoming taller, a reduced footprint, which elegantly blends and completes the building, but it is not a visual impact on any of the surrounding buildings. in this particular case, this particular pet house is like a panicake trying to hold the
edge of the building. what i find ironic, and i find ithis, it has 6 decks. i like ducks. i realize, though, that the side of the decks were 589 square feet, which is almost 2 1/2 times small efficiency units. then they range from 300, 380 square feet, and it is nice to have a 120 sq. ft. back in front of your bathroom. the whole at of the building is with these decks dominating the edge of the buildings, the impression of height. my point being that if there was any sensitivity towards helping make the penthouse less visible,
it would be a pet house that does not have a separate lobby. it would not be a penthouse with a separate elevator. it would definitely not be operating over 4850 square feet. i am sounding sarcastic, but there are other elements. i am making a case that this building, as proposed, is not approval, and i am making the case that somebody who stands in front of this commission, literally in the 11th hour, and tries to make amendments, i could do this or that, to me lacks credibility. in terms of height and bulk, rear yard of open space. any creative solution on parking could have easily brought the rear yard variance into a garden courtyard on greed. we have that many buildings which use exact parking one
level below. we have that all the time. that is a possible solution. you could also buy a building that commands a higher price per unit. you could easily make to basements. and you would have a code compliance, non-variants required, one grade. i think this is a misnomer to include this roof deck as open space because it is mostly paved and it has a couple of planters and benches. i do not consider that an adequate substitute for a variance and use of a courtyard on a garage alternative for what is required. one last thing would be the discussion -- i talked about parking. there is a possibility for this building to take -- going back to the issue of parking -- to
actually lower the parking ratio by a little bit to get away with one level below grade and not requiring the elevator garage. overall, and every aspect of the building, the basic unit size, the net mix, two elevator lobbies, everything that tends to push and maximize the building as possible. i find the design itself not at all a response to the neighborhood. the canopy's look more to me like financial district entrances to contemporary bank buildings. overall, i find it disappointing that while the neighborhood supports a building in this area, and we have seen how they do, dismisses the architectural
requirements in all ways. president fong: commissioner wu? vice-president wu: i strongly agree with commissioner sugaya about overriding considerations. it means giving something back that mitigates the significant and unavoidable impact. he gave a number of suggestions as to what this could be. i don't see any of those in this current document. i also want to echo the comments of other commissioners, that to go above 40 feet means info being, proving you have something that is necessary and desirable. there is no instance here that has been proven. it is just market rate housing. i also will not be supporting this project. president fong: commissioner antonini? commissioner antonini: as i have
stated before, there is nothing wrong with market rate housing and there is a benefit to the neighborhood. this is a hearing where you have to explain how things happen in san francisco and why we have these issues. that said, i would like to bring forward a motion with, what i'm hearing, from the other commissioners, things they're asking for. i will disagree with commissioner moore. i like the architecture. often times, some of the other commissioners are in favor of more contemporary elements, which this has come not a contemporary interpretation of the historical rhythms. i think it does a good job of that and i think the materials are good. i agree that the penthouse, of course, has to be changed in a manner where there might be two or more units at that level rather than having the entire global be a penthouse. that said, i would propose approval. i also agree that might have to
be separate. here is what i would like to see. i don't know if project sponsors would go for it. but the inclusion of a community meeting room. ok. i don't have time to do the math, but i would like to see the fee 12% higher than what would be required. i believe 15%, is that is correct? if it is in lieu, is it 50%? >> 17%. commissioner antonini: okay, i am saying 12% above the number that is at 17%. so what ever the math works out to, it would be a significant community benefit to affordable housing, which would be above and beyond the amount that is dictated by law. that is an overriding thing.
as is the community meeting room. i'd like to see at least a two car share additions to the parking. the parking can remain one-one, depending on the unit geometry. probably when we get to the next part of my motion, the unit, will be somewhat lower because we will remove one full floor, so we will be no more than 55 feet at the highest point of the building. i don't know if dematha will come out exactly that way, but you would have -- i don't know if the map will come out exactly that way, but you will have one fewer floors, working down to meet the house is at the neighborhood. the other thing that i would add, as we addressed the corner, maybe some public area where people could sit down, open up that corner more as the architect has done very well already. then some sort of contribution,
i would not say how much it would be, to the van ness rapid transit bus fund. which is something that should be used by a lot of the residence. going down to city hall, wherever they may go. what that amount would be would have to be determined by staff, working with the developer. that would be my motion. i know that it has many parts to it, and i am not sure the project sponsor would agree, but hopefully the neighborhood would be agreeable to those changes. president fong: commissioner sugaya? commissioner sugaya: oh, it is inconsequential, never mind. president fong: there is a motion. i don't hear a second. commissioner antonini: does anyone want me to repeat any part? commissioner moore: no. commissioner antonini: ok. president fong: commissioner
borden? commissioner borden: i don't know if you want to take this action separately, but i was going to move to disapprove and not about the ceqa findings and deny the see yc.u. commissioner moore: second. >> your normal practice is to have an intent to disapprove. it then we would take your comments and create a motion for you. commissioner borden: ok. president fong: commissioner antonini? commissioner antonini: motion to continue. commissioner moore: the motion on the floor was seconded. president fong: but it was altered because it is a motion to disapprove. do you second that? commissioner moore: oh, yeah.
it is just a question of wording, not content. commissioner antonini: does the motion to continue take precedent? president fong: yes, but there was no second. on that motion of intent -- commissioner sugaya: if we're going this direction, i think i know what will happen. should we including any and all things in this discussion? when we are going to get sued ? because we're going to get sued or we might get sued? because i have other examples of things that were not included in the override. >> it is my understanding the commission would be taking a motion of intent to disapprove. we would work with staff to create a set of findings and a motion that you would take up at
your next available calendar. certainly, if the commission would like to provide further direction to staff on the basis of the intent of disapproving and what the commission to look like to see in its findings, the commission can do that. alternatively, we would have to work on it with the office. commissioner sugaya: i was reminded when i was reading that county thing, they did reference that the upper having gone above and beyond the requirements. i think they use the title 24 as an example, reference tidal 24. our override, i think that it says it will meet the league standard, but there is nothing that says what that standard is. it would be exceeded in some fashion. i don't know if that is at sulfur or whatever, there is not anything that says this project
may go toward something higher that would benefit the city even more. also, i think there was mentioned a couple of times that because of the city's transit pass first policy and encourage a mass transit, i give examples. also, i think it is conceivable that reducing the parking or reconfiguring the parking in some fashion, commissioner moore made some comments, could result in not having a variance for the open space. i would just like to get those into the record. president fong: commissioner moore? commissioner moore: my understanding is we are trying to eight make a motion of intent. i am not trying to figure out what the project might do. at this moment, my intent is to have staph together with the city attorney's office very carefully crash craft a motion e nile.
that is basically what is in front of us at the moment. president fong: commissioner antonini? commissioner antonini: the public record has my motion, and i have been receptive to some of the things that were brought up by commissioner sugaya and commissioner moore, as possibilities to perhaps work on changing the parking ratio. that was not something that was in my motion, but i did mention the car share. but i certainly would always be on the table. -- but that certainly would always be on the table. >> ok, the motion on the floor he is intent to disapprove the project. on that motion - commissioner antonini: no. commissioner borden: aye. commissioner moore: aye. vice president miguel: aye. president fong: aye.
commissioner sugaya: aye. >> that motion is approved, 6-1. >> it seems the five criteria necessary for granting of variants have not been met and i am disinclined to grant this variance. no decision on the part of the zoning administrator is final until a decision letter is issued. that brings a 10-day appeal window. if the owner would like a copy of the letter, please give back to the commission secretary. -- please give that to the commission secretary. president fong: commissioners, the final item of this calendar, public comment. at this time, members of the public may address the commission on items of interest to the public that are on the subject matter of the commission except agenda items. i have no speaker cards. president fong: is there any
our clerk today is mr. derek evans. anybody with cell phones, please turn them on assignment or vibrate. mr. clerk, would you please call, and we have a lot of folks survey for items one and two, but we're going to do item 3 first to get it out of the way some of our officers can get back to work. please call item number 3. >> item number 3, hearing to consider the transfer of an existing type 20 beer and wine license from 566 minnesota street to 101 4th street to beth aboulafia to serve the public convenience as necessary -- or necessity of the people of the city and county of san francisco. >> i am the inspector with the police department. the applicant filed an application with the california department about alcoholic beverage control, seeking a type 20 off-sale beer and wine store
license, located on the corner of 101 4th street. inside a commercial space with numerous retail establishments and eateries. for the purposes of this hearing, the california department of alcoholic beverage control, abc, six in determination from the board of supervisors as to the approval or denial of this license. police calls for service from july 2010 to january 2011, 101 police calls the police reports for the same time span, 14 reports. this premises is located on a slot 224. the high crime area is defined as 215 or more police reports in a plot. this one has 480 reports for 2010, over the high crime area definition by 265 reports. the applicant premises is located in a high crime area.
this premises is located in census tracts 176.02, and population is 534. off-sale licenses of christ is one. active off-sale licenses, seven. the applicant premises is currently located in an undue concentrated area. three leopard -- letters of protest or received by the abc. no record with abc of letters of support. there's no opposition. the alu recommends approval. the following conditions recommended. number one, sales and service is about public beverages should be committed between the hours between 8:00 a.m. and 11:00 p.m. daily, except thanksgiving through new year's eve, sales of alcoholic beverages will be permitted from 8:00 a.m. to 12:00 a.m., and on the day after
thanksgiving, the day before christmas, and the day after christmas, sales of karbala beverages shall be permitted from 6:00 a.m. to 12 yen number two, no more than 5% of the square for the rich -- square footage of the premises will be used for display of alcoholic beverages. 3, no malt beverages with the alcoholic content greater than 5.7, except for microbrews, kraft bruce, organic, and specialty products sold under such designation as stout, porter, ipa, and esc, to eliminate high of all, low-cost products that are frequently abused but did not prevent the cells of specialty and craft beer products. four, the cells of beer or malt beverages in quantities of 16 ounces, 22 ounces, 32 ounces, 40 ounces, or similar sized containers is permited.
5, no beer or malt beverages shall be sold in quantities of less than manufactured, pre- packaged four-packs for sale. no wine coolers or beer coolers shall be sold in less than manufactured pre-packaged multi- unit quantities of four. six, no wind shall be sold with an alcoholic content of greater than 15% by volume, except for dinner winds which have been aged two years or more in maintained in court bottles. 7, wind shall not be sold in bottles or the tenor's smaller than 750 ml's unless old-line manufacturer, a prepackaged, multi-unit quantities. thank you. supervisor elsbernd: i have heard a lot of conditions. i have never heard the one about thanksgiving and christmas. this one is unique. any public comment on this
application? please come forward. you'll have two minutes. >> ok, my name is michael, with district 6. there was no community outreach done by the applicant. there are properties nearby, but they did not go to any community organizations. the first issue is the [unintelligible] states that there's no alcoholic beverages within the gardens, so we feel that it is important that -- you know, who is going to be monitoring this? two, there were actually five or six things -- did you see the package? more than that were given to
abc. and there are no letters of support, so that would mean they did not do any outreach. also, there was as part of the complaints come a map of yerba buena gardens, which shows you the points of interest. when you have these children- related activities nearby -- i am not sure i can read them all, but you have the ice skating rink, a play circle at the center of the gardens, the bowling center, the carrousel -- i mean, these are all children- related things, plus the yerba buena gardens themselves. so how is this going to be mitigated? [bell rings] it is clear that there was no community outreach. the mitigations seem to be
somewhat inadequate. there should be at least sign niche, because they will also sell cigarettes. how are they going to address the cigarette smoking nearby? we would like to see them get a license, but we would like to see it better mitigated for the community thank. thank you. supervisor elsbernd: thank you. next speaker, please. >> if there are any other speakers, lined up along the wall. >> good morning, supervisors. i have another map here. you can see the open spaces. within two blocks of this area, you have plazas, parking lots, parks. again, somebody could go into target, by a six-pack, and then drink it anywhere they want. clearly. and we have people coming from all over the world to our city,
and this is what we do. and they come for the restaurants that are being put in the area and other things, and we have a theater, too. so literally, you can go to target and then walked in with your six-pack and start drinking in the theater. who is going to tell? ok? so i do not see how they mitigate even with what is existing there currently, and also, the boilerplate -- i am using the word boilerplate. so i am concerned that, again, no community outreach. i had to come up to this. this was put in on friday. abc lacked in what they send out to the board of supervisors. i am concerned about this being rushed. unfortunately, the way it was done, and i do not appreciate that. i feel that, again, the
community was not -- community organizations. [bell rings] i feel that -- again, the police -- let's talk about the police. the police will be moving their station out eventually. so how will the pete -- will the police be able to respond when there will be no police station in bayview? police station, halls of justice, all that stuff is going. we're moving that stuff out. this store, i am sure, will be there for 20 plus years. [bell rings] thank you. >> any other speakers on this item? >> good morning. i am bbeth, and i am here representing target this morning. this is an exciting project, the
first target store in san francisco, one of the first city target stores to be opening in california. the new city target stores are slightly modified target stores, a little smaller than the traditional target stores but designed specifically to meet the needs of urban residents, commuters, tourists. a big part of -- a big component of the city target here in the metrion will be the grocery section. it will be significant and will offer fresh meat, produce, vegetables to the bakery items, and in conjunction with that first offering -- that grocery offering, the target would like to offer the convenience of being able to purchase beer and wine with their other cockroach reece -- a other grocers. the alcohol sales are small portn,